80 FR 79132 - Rutherford Railroad Development Corporation-Abandonment Exemption-in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway-Discontinuance Exemption-in Rutherford County, NC
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board Federal Register Volume 80, Issue 243 (December 18, 2015)
Surface Transportation Board
Federal Register Volume 80, Issue 243 (December 18, 2015)
| Page Range | 79132-79133 | |
| FR Document | 2015-31886 |
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)] [Notices] [Pages 79132-79133] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31886] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 567 (Sub-No. 2X); Docket No. AB 568 (Sub-No. 2X)] Rutherford Railroad Development Corporation--Abandonment Exemption--in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway--Discontinuance Exemption--in Rutherford County, NC Rutherford Railroad Development Corporation (RRDC) and Southeast Shortlines, Inc. d/b/a Thermal Belt Railway (TBRY) (collectively, applicants), have jointly filed a verified notice of exemption under 49 CFR part 1152 subpart F-Exempt Abandonments and Discontinuances of Service for RRDC to abandon, and for TBRY to discontinue service over, approximately 4.97 miles of rail line, between milepost SB 175.5 near Alexander Mills and milepost SB 180.47 in Spindale, together with a portion of the Bostic Spur, which runs from approximately the northern right of way line of U.S. 74 Business, a distance of approximately 2,441.4' westerly to a point at or near Rail Milepost SF-407.40 and Rail Valuation Station 5343+22, in Rutherford County, N.C. (the Lines). The Lines traverse United States Postal Service Zip Codes 28043 and 28160. Applicants have certified that: (1) No local traffic has moved over the Lines for at least two years; (2) there is no overhead traffic on the Lines that would have to be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Lines (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Lines either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to these exemptions, any employee adversely affected by the abandonment or discontinuance shall be protected under Oregon Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, these exemptions will be effective on January 19, 2016, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,\1\ formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and trail use/rail banking requests under 49 CFR 1152.29 must be filed by December 28, 2015. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by January 7, 2016, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001. --------------------------------------------------------------------------- \1\ The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board's Office of Environmental Analysis (OEA) in its independent investigation) cannot be made before the exemption's effective date. See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption's effective date. \2\ Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). --------------------------------------------------------------------------- A copy of any petition filed with the Board should be sent to applicants' representative: Jeffrey A. Bandini, Parker Poe Adams & Bernstein LLP, P.O. Box 389, Raleigh, NC 27602. If the verified notice contains false or misleading information, the exemptions are void ab initio. Applicants have filed a combined environmental and historic report that addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by December 24, 2015. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423-0001) or by calling OEA at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), RRDC shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Lines. If consummation has not been effected by RRDC's filing of a notice of consummation by December 18, 2016, [[Page 79133]] and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. Board decisions and notices are available on our Web site at ``WWW.STB.DOT.GOV.'' Decided: December 15, 2015. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2015-31886 Filed 12-17-15; 8:45 am] BILLING CODE 4915-01-P
![79132 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices
2]; Native American Grave Protection DEPARTMENT OF TRANSPORTATION Provided no formal expression of
and Repatriation Act [25 U.S.C. 3001– intent to file an offer of financial
3013]. Surface Transportation Board assistance (OFA) has been received,
6. Social and Economic: Civil Rights [Docket No. AB 567 (Sub-No. 2X); Docket these exemptions will be effective on
No. AB 568 (Sub-No. 2X)] January 19, 2016, unless stayed pending
Act of 1964 [42 U.S.C. 2000(d)–
reconsideration. Petitions to stay that do
2000(d)(1)]; American Indian Religious
Rutherford Railroad Development not involve environmental issues,1
Freedom Act [42 U.S.C. 1996]; the Corporation—Abandonment formal expressions of intent to file an
Uniform Relocation Assistance and Real Exemption—in Rutherford County, NC; OFA under 49 CFR 1152.27(c)(2),2 and
Property Acquisition Policies Act of Southeast Shortlines, Inc. d/b/a trail use/rail banking requests under 49
1970 [42 U.S.C. 61]. Farmland Thermal Belt Railway—Discontinuance CFR 1152.29 must be filed by December
Protection Policy Act [7 U.S.C. 4201– Exemption—in Rutherford County, NC 28, 2015. Petitions to reopen or requests
4209]. for public use conditions under 49 CFR
7. Wetlands and Water Resources: Rutherford Railroad Development 1152.28 must be filed by January 7,
Clean Water Act [33 U.S.C. 1251–1387] Corporation (RRDC) and Southeast 2016, with the Surface Transportation
Shortlines, Inc. d/b/a Thermal Belt Board, 395 E Street SW., Washington,
(Section 404, Section 401, Section 319);
Railway (TBRY) (collectively, DC 20423–0001.
Land and Water Conservation Fund Act applicants), have jointly filed a verified
[16 U.S.C. 460l–4—460l–11]; Safe A copy of any petition filed with the
notice of exemption under 49 CFR part Board should be sent to applicants’
Drinking Water Act [42 U.S.C. 300f— 1152 subpart F–Exempt Abandonments
300j–9.]; Rivers and Harbors Act of 1899 representative: Jeffrey A. Bandini,
and Discontinuances of Service for Parker Poe Adams & Bernstein LLP, P.O.
[33 U.S.C. 401–406]; Transportation RRDC to abandon, and for TBRY to Box 389, Raleigh, NC 27602.
Equity Act for the 21st Century (TEA– discontinue service over, approximately If the verified notice contains false or
21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] 4.97 miles of rail line, between milepost misleading information, the exemptions
(wetlands mitigation banking); Flood SB 175.5 near Alexander Mills and are void ab initio.
Disaster Protection Act of 1973 [42 milepost SB 180.47 in Spindale, Applicants have filed a combined
U.S.C. 4001–4129]. together with a portion of the Bostic environmental and historic report that
8. Hazardous Materials: Spur, which runs from approximately addresses the effects, if any, of the
Comprehensive Environmental the northern right of way line of U.S. 74 abandonment and discontinuance on
Response, Compensation, and Liability Business, a distance of approximately the environment and historic resources.
2,441.4′ westerly to a point at or near OEA will issue an environmental
Act [42 U.S.C. 9601–9675]; Superfund
Rail Milepost SF–407.40 and Rail assessment (EA) by December 24, 2015.
Amendments and Reauthorization Act
Valuation Station 5343+22, in Interested persons may obtain a copy of
of 1986 [PL 99–499]; Resource Rutherford County, N.C. (the Lines). The
Conservation and Recovery Act [42 the EA by writing to OEA (Room 1100,
Lines traverse United States Postal Surface Transportation Board,
U.S.C. 6901–6992(k)]. Service Zip Codes 28043 and 28160. Washington, DC 20423–0001) or by
9. Executive Orders: E.O. 11990 Applicants have certified that: (1) No calling OEA at (202) 245–0305.
Protection of Wetlands; E.O. 11988 local traffic has moved over the Lines Assistance for the hearing impaired is
Floodplain Management; E.O. 12898 for at least two years; (2) there is no available through the Federal
Federal Actions to Address overhead traffic on the Lines that would Information Relay Service (FIRS) at 1–
Environmental Justice in Minority have to be rerouted over other lines; (3) 800–877–8339. Comments on
Populations and Low Income no formal complaint filed by a user of environmental and historic preservation
Populations; E.O. 11593 Protection and rail service on the Lines (or by a state matters must be filed within 15 days
Enhancement of Cultural Resources; or local government entity acting on after the EA becomes available to the
behalf of such user) regarding cessation public.
E.O. 13007 Indian Sacred Sites; E.O.
of service over the Lines either is Environmental, historic preservation,
13287 Preserve America; E.O. 13175
pending with the Surface public use, or trail use/rail banking
Consultation and Coordination with Transportation Board (Board) or with
Indian Tribal Governments; E.O. 11514 conditions will be imposed, where
any U.S. District Court or has been appropriate, in a subsequent decision.
Protection and Enhancement of decided in favor of complainant within
Environmental Quality; E.O. 13112 Pursuant to the provisions of 49 CFR
the two-year period; and (4) the 1152.29(e)(2), RRDC shall file a notice of
Invasive Species. requirements at 49 CFR 1105.7(c) consummation with the Board to signify
Authority: 23 U.S.C. 139(l)(1). (environmental report), 49 CFR 1105.11 that it has exercised the authority
(transmittal letter), 49 CFR 1105.12 granted and fully abandoned the Lines.
Issued on: December 7, 2015.
(newspaper publication), and 49 CFR If consummation has not been effected
John M. Cater, 1152.50(d)(1) (notice to governmental by RRDC’s filing of a notice of
Division Administrator, Lakewood, Colorado. agencies) have been met. consummation by December 18, 2016,
[FR Doc. 2015–31487 Filed 12–17–15; 8:45 am] As a condition to these exemptions,
BILLING CODE 4910–22–P any employee adversely affected by the 1 The Board will grant a stay if an informed
abandonment or discontinuance shall be decision on environmental issues (whether raised
protected under Oregon Short Line by a party or by the Board’s Office of Environmental
Analysis (OEA) in its independent investigation)
mstockstill on DSK4VPTVN1PROD with NOTICES
Railroad—Abandonment Portion
cannot be made before the exemption’s effective
Goshen Branch Between Firth & date. See Exemption of Out-of-Serv. Rail Lines, 5
Ammon, in Bingham & Bonneville I.C.C.2d 377 (1989). Any request for a stay should
Counties, Idaho, 360 I.C.C. 91 (1979). To be filed as soon as possible so that the Board may
address whether this condition take appropriate action before the exemption’s
effective date.
adequately protects affected employees, 2 Each OFA must be accompanied by the filing
a petition for partial revocation under fee, which is currently set at $1,600. See 49 CFR
49 U.S.C. 10502(d) must be filed. 1002.2(f)(25).
VerDate Sep<11>2014 19:20 Dec 17, 2015 Jkt 238001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1](https://thefederalregister.org/doc/80_FR_79375/page/1.svg)
![Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices 79133
and there are no legal or regulatory Ammon, in Bingham & Bonneville CFR 1150.41 to acquire from The
barriers to consummation, the authority Counties, Idaho, 360 I.C.C. 91 (1979). To Baltimore and Annapolis Railroad
to abandon will automatically expire. address whether this condition Company d/b/a Carolina Southern
Board decisions and notices are adequately protects affected employees, Railroad Company (CALA) and to
available on our Web site at a petition for partial revocation under operate one mile of rail line between
‘‘WWW.STB.DOT.GOV.’’ 49 U.S.C. 10502(d) must be filed. milepost AC 290.0 and milepost AC
Decided: December 15, 2015.
Provided no formal expression of 289.0, at or near Whiteville, N.C.,
intent to file an offer of financial pursuant to a mediation agreement
By the Board, Rachel D. Campbell,
assistance (OFA) to subsidize continued
Director, Office of Proceedings. reached between RJCS and CALA on
rail service has been received, this
Jeffrey Herzig, June 19, 2015.2
exemption will be effective on January
Clearance Clerk. 19, 2016, unless stayed pending RJCS certifies that the proposed
[FR Doc. 2015–31886 Filed 12–17–15; 8:45 am] reconsideration. Petitions to stay that do transaction does not involve a provision
BILLING CODE 4915–01–P not involve environmental issues and or agreement that may limit future
formal expressions of intent to file an interchanges of traffic with a third-party
OFA to subsidize continued rail service connecting carrier.
DEPARTMENT OF TRANSPORTATION under 49 CFR 1152.27(c)(2) 1 must be RJCS also certifies that its projected
filed by December 28, 2015.2 Petitions revenues upon consummation of the
Surface Transportation Board to reopen must be filed by January 7,
proposed transaction will not result in
[Docket No. AB 55 (Sub-No. 751X)] 2016, with the Surface Transportation
the creation of a Class I or Class II rail
Board, 395 E Street SW., Washington,
CSX Transportation, Inc.— carrier and states that its projected
DC 20423–0001.
Discontinuance of Service A copy of any petition filed with the annual revenues will not exceed $5
Exemption—in Bell and Harlan Board should be sent to CSXT’s million.
Counties, Ky. representative: Louis E. Gitomer, Law This transaction may be
Offices of Louis E. Gitomer, LLC, 600 consummated on January 2, 2016, the
CSX Transportation, Inc. (CSXT) filed
Baltimore Avenue, Suite 301, Towson, effective date of the exemption (30 days
a verified notice of exemption under 49
MD 21204. after the verified notice was filed).
CFR pt. 1152 subpart F—Exempt If the verified notice contains false or
Abandonments and Discontinuances of If the verified notice contains false or
misleading information, the exemption
Service to discontinue service over an is void ab initio. misleading information, the exemption
approximately seven-mile rail line on Board decisions and notices are is void ab initio. Petitions to revoke the
CSXT’s Southern Region, Huntington available on our Web site at exemption under 49 U.S.C. 10502(d)
Division, CV Subdivision, Engineering ‘‘WWW.STB.DOT.GOV.’’ may be filed at any time. The filing of
Appalachian Division, also known as a petition to revoke will not
the Pucketts Creek Branch between Decided: December 15, 2015.
automatically stay the effectiveness of
milepost OPC 223.0 and milepost OPC By the Board, Rachel D. Campbell,
Director, Office of Proceedings. the exemption. Petitions to stay must be
230.0 in Bell and Harlan Counties, Ky. filed no later than December 24, 2015 (at
(the Line). The Line traverses United Kenyatta Clay,
Clearance Clerk.
least seven days before the exemption
States Postal Service Zip Codes 40845, becomes effective).
40856, and 40863, and includes two [FR Doc. 2015–31862 Filed 12–17–15; 8:45 am]
stations, Alva (FSAC 43932/OPSL BILLING CODE 4915–01–P An original and 10 copies of all
19940) at milepost OPC 223.0 and pleadings, referring to Docket No. FD
Piedmont (FSAC 43931/OPSL 19930) at 35978, must be filed with the Surface
milepost OPC 230.0. DEPARTMENT OF TRANSPORTATION Transportation Board, 395 E Street SW.,
CSXT has certified that: (1) No local Washington, DC 20423–0001. In
Surface Transportation Board addition, a copy of each pleading must
traffic has moved over the Line for at
least two years; (2) because the Line is [Docket No. FD 35978] be served on Jeremy J. Sylvester,
not a through line, no overhead traffic Moynahan, Irvin & Mooney, PSC, 110
needs to be rerouted over other lines; (3) R. J. Corman Railroad Company/ North Main Street, Nicholasville, KY
no formal complaint filed by a user of Carolina Lines, LLC—Acquisition and 40356.
rail service on the Line (or by a state or Operation Exemption—The Baltimore
Board decisions and notices are
local government entity acting on behalf and Annapolis Railroad Company d/b/
a Carolina Southern Railroad Company available on our Web site at
of such user) regarding cessation of ‘‘WWW.STB.DOT.GOV.’’
service over the Line is pending either R. J. Corman Railroad Company/
with the Surface Transportation Board Decided: December 15, 2015.
Carolina Lines, LLC (RJCS) has filed a
(Board) or with any U.S. District Court verified notice of exemption 1 under 49 2 RJCS was authorized previously to operate this
or has been decided in favor of
one-mile line as incidental, local trackage rights, in
complainant within the two-year period; 1 Each OFA must be accompanied by the filing addition to being authorized to acquire and operate
and (4) the requirements at 49 CFR fee, which is currently set at $1,600. See 49 CFR two interconnected rail lines totaling approximately
1105.12 (newspaper publication) and 49 1002.2(f)(25). 74.98 miles between specified points in North
2 Because this is a discontinue proceeding and
Carolina and South Carolina. R. J. Corman R.R—
mstockstill on DSK4VPTVN1PROD with NOTICES
CFR 1152.50(d)(1) (notice to
not an abandonment, interim trail use/rail banking Acquis. & Operation Exemption—The Baltimore &
governmental agencies) have been met. and public use conditions are not appropriate. Annapolis R.R., FD 35897 (STB served Jan. 28,
As a condition to this exemption, any Because there will be environmental review during 2015), as corrected on November 27, 2015. R. J.
employee adversely affected by the abandonment, this discontinuance does not require Corman Railroad Group, LLC, and R. J. Corman
discontinuance of service shall be an environmental review. Railroad Company, LLC, were authorized to
1 The notice was originally filed on November 25, continue in control of RJCS upon RJCS’s becoming
protected under Oregon Short Line 2015, but was supplemented on December 3, 2015. a Class III rail carrier. R. J. Corman R.R. Grp.—
Railroad—Abandonment Portion Therefore, December 3, 2015, will be the official Continuance in Control Exemption—R. J. Corman
Goshen Branch Between Firth & filing date and the basis for all subsequent dates. R.R., FD 35898 (STB served Jan. 28, 2015).
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Document Created: 2015-12-18 01:38:15
Document Modified: 2015-12-18 01:38:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 79132 |
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